Collins v. State
Collins v. State
Opinion of the Court
The defendant Buddy Collins appeals his departure sentence imposed after he pleaded no contest to a violation of probation and the commission of three new substantive offenses. Two of the stated reasons for departure, the substantial and egregious nature of the probation violation and the failure of past rehabilitation, are invalid. See Scott v. State, 549 So.2d 1385 (Fla. 1989); Franklin v. State, 545 So.2d 851 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989).
The third reason for departure is the timing of the offenses. The Florida Supreme Court has held that the timing of offenses in relation to prior offenses and release from incarceration may serve as a clear and convincing reason for departure since this aspect of prior criminal history is not already factored in to arrive at a presumptive guideline sentence. State v. Jones, 530 So.2d 53 (Fla. 1988); Tillman v. State, 525 So.2d 862 (Fla. 1988); Williams v. State, 504 So.2d 392 (Fla. 1987). Because of the very strong language in recent cases holding that a departure from the sentencing guidelines should never be permitted in a violation of probation case,
REVERSED and REMANDED.
. See, e.g., Dewberry v. State, 546 So.2d 409 (Fla. 1989); Franklin.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.